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Michael Album

“Boomerang” Indemnification/Advancement-Gilbert v. Unisys

Under Delaware law, executives (and former executives) may be entitled to indemnification and advancement from their employer for claims arising in connection with their employment. These rights to indemnification/advancement… more

Advancement, Attorney's Fees, Confidential Information, Contract Terms, Corporate Executives

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Justin Alex

Seventh Circuit Affirms that Employer’s Withdrawal Liability Cannot Be Based on Post-Rehabilitation Plan Contribution Increases

We recently reported on a district court decision holding that the Central States Pension Fund’s calculation of withdrawal liability should not have included contribution rate increases imposed after the Fund’s implementation of… more

Appeals, Appellate Courts, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues

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Joshua Apfelroth

[Podcast] Episode 50: Activism and EBEC

In this episode of The Proskauer Benefits Brief, David Teigman, partner in the Tax Department and a member of the Employee Benefits & Executive Compensation Group, Josh Apfelroth, partner in the Private Equity and Mergers &… more

Board of Directors, Compensation & Benefits, Corporate Governance, Employee Benefits, Executive Compensation

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Nicola Bartholomew

[Podcast]: Cross-Border Asset Deals

In this episode of The Proskauer Benefits Brief, partner David Teigman, senior counsel Nick LaSpina, and special international labor & employment counsel Nicola Bartholomew, discuss differences between asset sales in the US and… more

Cross-Border Transactions, Employee Benefits, Employee Transfers, Employees, Employer Liability Issues

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Allan Bloom

Texas Federal Court Stays Effective Date of Federal Trade Commission’s Non-Compete Rule But Declines to Issue Nationwide Injunction

Earlier today, July 3, 2024, the United States District Court for the Northern District of Texas issued a preliminary injunction staying enforcement of the Federal Trade Commission’s (“FTC”) proposed final rule (“Final Rule”)… more

Employer Liability Issues, Employment Contract, Employment Litigation, Federal Bans, Federal Trade Commission (FTC)

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Ira Bogner

Trump Signs Executive Order Directing the DOL and SEC to Facilitate 401(k) Plan Access to Alternative Assets

On August 7, 2025, President Trump signed an executive order entitled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Executive Order”), which directs the Department of Labor (the “DOL”) and the… more

401k, Cryptoassets, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Executive Orders

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Anthony Cacace

Pre-Petition Settlement Agreement Not an Assumable, Assignable, Executory Contract

In Svenhard’s Swedish Bakery v. United States Bakery, Bk. No. 19-15277, 2023 WL 5541420 (9th Cir. Aug. 29, 2023), the Ninth Circuit held that a settlement agreement that resolved an employer’s withdrawal liability to a… more

Chapter 11, Employee Retirement Income Security Act (ERISA), Executory Contracts, Proof of Claims, Releases

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Roberta Chevlowe

District Court Vacates HIPAA Reproductive Health Care Rule

Last month, a federal district court in Texas vacated portions of the HIPAA final rule that added heightened protections for reproductive health care information (the “Final Rule”). Purl, et al. v. U.S. Department of Health and… more

Appeals, Covered Entities, Data Privacy, Department of Health and Human Services (HHS), Final Rules

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Lloyd Chinn

Texas Federal Court Stays Effective Date of Federal Trade Commission’s Non-Compete Rule But Declines to Issue Nationwide Injunction

Earlier today, July 3, 2024, the United States District Court for the Northern District of Texas issued a preliminary injunction staying enforcement of the Federal Trade Commission’s (“FTC”) proposed final rule (“Final Rule”)… more

Employer Liability Issues, Employment Contract, Employment Litigation, Federal Bans, Federal Trade Commission (FTC)

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Joseph Clark

Sixth Circuit Again Invalidates ERISA Plan Arbitration Clause

The Sixth Circuit recently reversed a district court’s dismissal, and order requiring arbitration of, a proposed class action alleging fiduciary breaches in connection with the Kellogg Company 401(k) plan. Fleming v. Kellogg… more

401k, Arbitration, Breach of Duty, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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David Deutsch

Executive Use of Corporate Aircraft: Navigating Tax, SEC Disclosure and Other Key Considerations

Companies are increasingly allowing their chief executive officers and, in certain circumstances, other executives to use corporate jets (which may be chartered flights or fractionally or fully owned aircraft) for personal use… more

Corporate Governance, Corporate Taxes, Disclosure Requirements, Employee Benefits, Executive Compensation

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Laura Fant

Court Throws Monkey Wrench Into Wellness Programs

The U.S. District Court for the District of Columbia has ordered the EEOC to reconsider its final regulations on the extent to which an employer may offer incentives to participate in a wellness program without violating the… more

AARP, Affordable Care Act, Americans with Disabilities Act (ADA), Corporate Counsel, Employer Group Health Plans

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Jesse Foley

Supreme Court Decision Leaves ACA Preventive Services Mandate Intact

On the last day before the U.S. Supreme Court’s summer recess, the Court issued a decision that left in place the Affordable Care Act (“ACA”) mandate that requires non-grandfathered group health plans and issuers to cover,… more

Affordable Care Act, Constitutional Challenges, Employer Group Health Plans, Health Insurance, Insurance Industry

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Tyler Forni

IRS Clarifies that Failure to Cash Checks Does Not Affect Withholding or Reporting

Revenue Ruling 2025‑15 (available here) provides guidance on withholding and reporting obligations when a plan participant or beneficiary fails to cash a distribution check and a replacement check is issued. As discussed below,… more

Beneficiaries, Income Taxes, IRS, Reporting Requirements, Retirement Plan

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Anastasia Gellman

District Court Interprets Multiemployer Plan Fee-Shifting Provision to Encompass Attorneys’ Fees and Costs Incurred in Related Litigation

A multiemployer plan that prevails in an action to collect delinquent contributions or withdrawal liability is statutorily entitled to recover reasonable attorneys’ fees and costs “of the action.” In International Painters &… more

Attorney's Fees, Employee Benefits, Employee Retirement Income Security Act (ERISA), Pensions, Retirement Plan

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David Gobel

Missed Payroll in the Wake of Bank Collapse: Implications, Strategies, and Minimizing Risk

In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing risk… more

Banking Sector, Employee Benefits, Fair Labor Standards Act (FLSA), Internal Revenue Code (IRC), Investors

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Pinchos Goldberg

Texas Federal Court Stays Effective Date of Federal Trade Commission’s Non-Compete Rule But Declines to Issue Nationwide Injunction

Earlier today, July 3, 2024, the United States District Court for the Northern District of Texas issued a preliminary injunction staying enforcement of the Federal Trade Commission’s (“FTC”) proposed final rule (“Final Rule”)… more

Employer Liability Issues, Employment Contract, Employment Litigation, Federal Bans, Federal Trade Commission (FTC)

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Ira Golub

Sun Capital Update: First Circuit Reverses District Court’s “Partnership-in-Fact” Holding and Finds Private Equity Funds Not Part of Controlled Group and Not Liable for Portfolio Company’s Pension Liabilities

Last Friday, the U.S. Court of Appeals for the First Circuit ruled that two co-investing Sun Capital private equity funds (the Sun Funds) had not created an implied “partnership-in-fact” for purposes of determining whether the… more

Commercial Bankruptcy, Controlled Groups, Employee Retirement Income Security Act (ERISA), Joint and Several Liability, Multiemployer Plan

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Michael Guggenheim

“Clawback Comeback”: DOJ’s New Focus on Clawbacks to Prevent Corporate Crime

In September 2022, Deputy Attorney General Lisa Monaco delivered remarks unveiling the Department of Justice’s revised corporate crime guidance to “prioritize and prosecute corporate crime.” She reiterated that the number one… more

Clawbacks, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Dodd-Frank

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Abraham Gutwein

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment Plans… more

Affordable Care Act, Class Action, Class Certification, Comcast, Competition

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Martin Hamilton

Eleventh Circuit Confirms Foreign Tax Credits Owned by Insurance Company Not “Plan Assets” of 401(k) Plan Under ERISA

In late October 2024, the United States Court of Appeals for the Eleventh Circuit ruled in Romano v. Hancock Life Insurance Company, F.4th 729 (11th Cir. 2024) that certain foreign tax credits that were generated as a result of… more

401k, Employee Benefits, Employee Retirement Income Security Act (ERISA), ERISA Litigation, Fiduciary Duty

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Colleen Hart

IRS Creates Standardized Form for Section 83(b) Elections

Earlier this month, the Internal Revenue Service (“IRS”) released Form 15620, which is an approved IRS form for making Internal Revenue Code (“Code”) Section 83(b) elections. By way of background, Code Section 83(b) provides… more

Fair Market Value, Internal Revenue Code (IRC), IRC Section 83(b), IRS, Tax Liability

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Erik Hays

The One Big Beautiful Bill Act (Tax Reform): Employee Benefits and Executive Compensation Breakdown

On May 22, 2025, the House of Representatives passed legislation titled “The One Big Beautiful Bill Act” (the “House Bill”) (available here), which includes several tax reform provisions. The House Bill is now being considered… more

Employee Benefits, Executive Compensation, Income Taxes, New Legislation, Proposed Legislation

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Russell Hirschhorn

401(k) Plan Fiduciaries Breached ERISA’s Duty of Loyalty By Allowing ESG Interests To Influence Management Of The Plan

Last week, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas, issued the first-of-its-kind ruling on the merits pertaining to environmental, social, and corporate governance (“ESG”) investing in… more

401k, American Airlines, Breach of Duty, Corporate Governance, Department of Labor (DOL)

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Steven Hurd

Sweeping Ban on Non-Compete Clauses Proposed by Federal Trade Commission

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the culmination… more

Compliance, Enforcement, Executive Orders, Fair Labor Standards Act (FLSA), Federal Trade Commission (FTC)

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Jay Jensen

Employer Benefit Plan Assistance FAQs: California Wildfires

In the wake of the horrific wildfires in Los Angeles (which are ongoing as of today), employees based in the Los Angeles area may have questions about available support from employer-sponsored 401(k) plan accounts and other… more

401k, California, COBRA, Corporate Counsel, Department of Labor (DOL)

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Sydney Juliano

District Court Holds Pension Fund Misapplied Prior Partial Withdrawal Liability Credit

A federal district court in Illinois became the first court to rule that an employer’s credit for a prior partial withdrawal should be applied at the end of the statute’s “waterfall” for calculating withdrawal liability. The… more

Arbitration, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employment Litigation, Federal Labor Laws

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Amanda Karpovich

Down to the Wire: Will We Have HSA with Pre-Deductible Telehealth in 2025?

The telehealth services safe harbor for high deductible health plans (“HDHPs”) will expire for plan years starting on or after January 1, 2025, absent Congress passing legislation extending or making the safe harbor permanent… more

CARES Act, Excise Tax, HDHPs, Health and Welfare Plans, Health Plan Sponsors

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Nicholas LaSpina

IRS Creates Standardized Form for Section 83(b) Elections

Earlier this month, the Internal Revenue Service (“IRS”) released Form 15620, which is an approved IRS form for making Internal Revenue Code (“Code”) Section 83(b) elections. By way of background, Code Section 83(b) provides… more

Fair Market Value, Internal Revenue Code (IRC), IRC Section 83(b), IRS, Tax Liability

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Philippe Lebel

Missed Payroll in the Wake of Bank Collapse: Implications, Strategies, and Minimizing Risk

In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing risk… more

Banking Sector, Employee Benefits, Fair Labor Standards Act (FLSA), Internal Revenue Code (IRC), Investors

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Jake Lee

Tenth Circuit Affirms Distinction Between Forfeiture and Penalty for Competition

In Lawson v. Spirit AeroSystems, Inc., the U.S. Court of Appeals for the Tenth Circuit upheld the forfeiture of certain stock awards for violating a covenant not to compete. Like the Seventh Circuit in LKQ Corp. v… more

Appeals, Contract Disputes, Contract Terms, Employee Benefits, Employment Contract

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Kyle Litfin

IRS Creates Standardized Form for Section 83(b) Elections

Earlier this month, the Internal Revenue Service (“IRS”) released Form 15620, which is an approved IRS form for making Internal Revenue Code (“Code”) Section 83(b) elections. By way of background, Code Section 83(b) provides… more

Fair Market Value, Internal Revenue Code (IRC), IRC Section 83(b), IRS, Tax Liability

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Katrine Magas

Terminating a CEO for Cause

Terminating a CEO “for cause” requires that the board of directors (“Board”) of the employer focus on two questions – What is the applicable standard for cause? Do the facts and circumstances satisfy this applicable… more

CEOs, Executive Compensation, Foreign Private Issuers, Fraud, Gross Negligence

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Katrina McCann

DOL Updates Guidance on Pension and Health & Welfare Plan Cybersecurity Best Practices

In 2021, the U.S. Department of Labor (DOL) issued 3 documents outlining guidance on cybersecurity practices for benefits plans, which we discussed in a blog post at the time. The DOL recently issued revised versions of the… more

Benefit Plan Sponsors, Best Practices, Corporate Counsel, Cybersecurity, Department of Labor (DOL)

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Jennifer McDermott

Prohibition Against Non-Competes Expands in California

On September 1, 2023, California Governor Gavin Newsom signed Senate Bill 699, which amends California Business & Professions Code Section 16600 to prohibit an employer from entering into or attempting to enforce a non-compete… more

California, Employment Contract, Governor Newsom, Non-Compete Agreements, Restrictive Covenants

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Heather Monte

SECURE 2.0 Includes PBGC Premium Relief… for Some Plans

As previously discussed, the SECURE 2.0 Act of 2022 (“SECURE 2.0”) that was signed into law on December 29, 2022 as part of the 2023 Consolidated Appropriations Act includes a slew of changes for retirement plan sponsors and… more

21st Century Cures Act, Consolidated Appropriations Act (CAA), PBGC, Pensions, Retirement

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Ekaterina Napalkova

Dodd-Frank Clawback Policy: Additional Action Required for NYSE-Listed Companies by December 31, 2023

Public companies nationwide have spent their summer and fall compensation seasons finalizing compensation clawback policies ahead of the December 1, 2023 deadlines set by the New York Stock Exchange (the “NYSE”) and the Nasdaq… more

Clawbacks, Consumer Protection Act, Dodd-Frank, Executive Compensation, Final Rules

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Amanda Nussbaum

IRS Creates Standardized Form for Section 83(b) Elections

Earlier this month, the Internal Revenue Service (“IRS”) released Form 15620, which is an approved IRS form for making Internal Revenue Code (“Code”) Section 83(b) elections. By way of background, Code Section 83(b) provides… more

Fair Market Value, Internal Revenue Code (IRC), IRC Section 83(b), IRS, Tax Liability

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Anthony Oncidi

Prohibition Against Non-Competes Expands in California

On September 1, 2023, California Governor Gavin Newsom signed Senate Bill 699, which amends California Business & Professions Code Section 16600 to prohibit an employer from entering into or attempting to enforce a non-compete… more

California, Employment Contract, Governor Newsom, Non-Compete Agreements, Restrictive Covenants

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Pamela Onufer

DOL Proposes Significant Changes to the QPAM Exemption – What You Need to Know

On July 27, 2022, the U.S. Department of Labor (the “DOL”) issued notice of a proposed amendment (the “Proposed Amendment”) to Prohibited Transaction Class Exemption 84-14 (which is commonly referred to as the “QPAM Exemption”)… more

Criminal Convictions, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Exemptions, Proposed Amendments

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Steven Pearlman

Texas Federal Court Stays Effective Date of Federal Trade Commission’s Non-Compete Rule But Declines to Issue Nationwide Injunction

Earlier today, July 3, 2024, the United States District Court for the Northern District of Texas issued a preliminary injunction staying enforcement of the Federal Trade Commission’s (“FTC”) proposed final rule (“Final Rule”)… more

Employer Liability Issues, Employment Contract, Employment Litigation, Federal Bans, Federal Trade Commission (FTC)

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David Picon

U.S. DOL To Issue Final Rule and Exemptions on Fiduciary Standards

On April 6, 2016, the U.S. Department of Labor will release its highly-anticipated Final Rule and Exemptions addressing when a person providing investment advice with respect to an employee benefit plan or individual retirement… more

Best Interest Contract Exemptions, Best Interest Standard, Conflicts of Interest, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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Robert Projansky

Trump Signs Executive Order Directing the DOL and SEC to Facilitate 401(k) Plan Access to Alternative Assets

On August 7, 2025, President Trump signed an executive order entitled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Executive Order”), which directs the Department of Labor (the “DOL”) and the… more

401k, Cryptoassets, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Executive Orders

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Louis Rambo

Option Grant Practices: A Trap for the Unwary – Spring-Loading and Bullet-Dodging

A potentially overlooked but important issue that public companies should have in mind when granting option or option-like awards is avoiding the unintentional appearance of “spring-loading” and “bullet-dodging,” both of which… more

Compensation, Corporate Governance, Disclosure Requirements, Incentive Compensation, Investigations

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Andrea Rattner

Executive Use of Corporate Aircraft: Navigating Tax, SEC Disclosure and Other Key Considerations

Companies are increasingly allowing their chief executive officers and, in certain circumstances, other executives to use corporate jets (which may be chartered flights or fractionally or fully owned aircraft) for personal use… more

Corporate Governance, Corporate Taxes, Disclosure Requirements, Employee Benefits, Executive Compensation

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Mary Grace Richardson

DOL Rescinds 2022 Guidance Cautioning Against 401(k) Plan Investments in Cryptocurrencies

On May 28, 2025, the Department of Labor (“DOL”) issued Compliance Assistance Release No. 2025-01 which rescinds the DOL’s prior Compliance Assistance Release No. 2022-1 which had warned 401(k) plan fiduciaries against adding… more

401k, Cryptocurrency, Department of Labor (DOL), Digital Assets, Employee Benefits

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Jennifer Rigterink

Supreme Court Decision Leaves ACA Preventive Services Mandate Intact

On the last day before the U.S. Supreme Court’s summer recess, the Court issued a decision that left in place the Affordable Care Act (“ACA”) mandate that requires non-grandfathered group health plans and issuers to cover,… more

Affordable Care Act, Constitutional Challenges, Employer Group Health Plans, Health Insurance, Insurance Industry

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John Roberts

Ninth Circuit Enforces Forum Selection Clause in 401(k) Plan

On April 1, 2021, the Ninth Circuit became the third circuit court to conclude that a forum-selection clause in an ERISA 401(k) plan is enforceable. The Ninth Circuit thus denied a petition for mandamus seeking to overturn a… more

401k, Breach of Duty, Corporate Counsel, Duty of Loyalty, Duty of Prudence

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Alexis Rosett

Agencies Update Guidance on Group Health Plan Contraceptive Coverage Requirements

The Departments of Labor, Treasury, and Health and Human Services (the “Departments”) recently issued guidance for group health plans outlining a “therapeutic equivalence” medical management technique for required preventive… more

Affordable Care Act, Department of Health and Human Services (HHS), Department of Labor (DOL), Employer Group Health Plans, Food and Drug Administration (FDA)

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Myron Rumeld

Supreme Court Establishes Lower Pleading Standard for Prohibited Transaction Claims

In a unanimous decision, the U.S. Supreme Court ruled in Cunningham v. Cornell University that plaintiffs can satisfy the requirements for pleading prohibited party-in interest transactions under ERISA section 406(a) without… more

Appeals, Article III, Cunningham v Cornell University, Employee Benefits, ERISA Litigation

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Seth Safra

Trump Signs Executive Order Directing the DOL and SEC to Facilitate 401(k) Plan Access to Alternative Assets

On August 7, 2025, President Trump signed an executive order entitled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Executive Order”), which directs the Department of Labor (the “DOL”) and the… more

401k, Cryptoassets, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Executive Orders

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Alex Scharr

District Court Vacates HIPAA Reproductive Health Care Rule

Last month, a federal district court in Texas vacated portions of the HIPAA final rule that added heightened protections for reproductive health care information (the “Final Rule”). Purl, et al. v. U.S. Department of Health and… more

Appeals, Covered Entities, Data Privacy, Department of Health and Human Services (HHS), Final Rules

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Adam Scoll

Trump Signs Executive Order Directing the DOL and SEC to Facilitate 401(k) Plan Access to Alternative Assets

On August 7, 2025, President Trump signed an executive order entitled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Executive Order”), which directs the Department of Labor (the “DOL”) and the… more

401k, Cryptoassets, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Executive Orders

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Neil Shah

District Court Interprets Multiemployer Plan Fee-Shifting Provision to Encompass Attorneys’ Fees and Costs Incurred in Related Litigation

A multiemployer plan that prevails in an action to collect delinquent contributions or withdrawal liability is statutorily entitled to recover reasonable attorneys’ fees and costs “of the action.” In International Painters &… more

Attorney's Fees, Employee Benefits, Employee Retirement Income Security Act (ERISA), Pensions, Retirement Plan

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Simon Sharpe

[Podcast] Episode 49: Rep and Warranty Insurance and Executive Compensation and Employees Benefits

In this episode of The Proskauer Benefits Brief, David Teigman, partner in the Employee Benefits and Executive Compensation Group, Simon Sharpe, partner and member of our Private Equity and Mergers & Acquisitions groups and Nick… more

Acquisitions, Employee Benefits, Executive Compensation, Insurance Industry, Mergers

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Dietrich Snell

“Clawback Comeback”: DOJ’s New Focus on Clawbacks to Prevent Corporate Crime

In September 2022, Deputy Attorney General Lisa Monaco delivered remarks unveiling the Department of Justice’s revised corporate crime guidance to “prioritize and prosecute corporate crime.” She reiterated that the number one… more

Clawbacks, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Dodd-Frank

See all updates »

Scott Tan

Texas Federal Court Stays Effective Date of Federal Trade Commission’s Non-Compete Rule But Declines to Issue Nationwide Injunction

Earlier today, July 3, 2024, the United States District Court for the Northern District of Texas issued a preliminary injunction staying enforcement of the Federal Trade Commission’s (“FTC”) proposed final rule (“Final Rule”)… more

Employer Liability Issues, Employment Contract, Employment Litigation, Federal Bans, Federal Trade Commission (FTC)

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David Teigman

Executive Use of Corporate Aircraft: Navigating Tax, SEC Disclosure and Other Key Considerations

Companies are increasingly allowing their chief executive officers and, in certain circumstances, other executives to use corporate jets (which may be chartered flights or fractionally or fully owned aircraft) for personal use… more

Corporate Governance, Corporate Taxes, Disclosure Requirements, Employee Benefits, Executive Compensation

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Jessica Wang

District Court Holds Withdrawal Liability Claim Not Barred by Employer’s Dissolution

In Central States, Southeast & Southwest Areas Pension Fund v. Sheets Enterprise, No. 24 cv 2277 (N.D. Ill.), a district court held that an employer could not avoid being held liable for withdrawal liability simply because it… more

Arbitration, Business Entities, Dissolution, Employee Retirement Income Security Act (ERISA), Employer Liability Issues

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Barry Warner

U.S. Supreme Court: No ERISA Preemption for State Law Regulating PBMs

In a unanimous (8-0) opinion authored by Justice Sotomayor, the U.S. Supreme Court held that an Arkansas state law regulating rates at which pharmacy benefits managers (PBMs) reimburse pharmacies is not preempted by ERISA… more

Benefit Plan Reimbursements, Employee Retirement Income Security Act (ERISA), Pharmacy Benefit Manager (PBM), Preemption, Rutledge v Pharmaceutical Care Management Association

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Steven Weinstein

IRS Proposes 401(k) Plan Regulations Implementing Long-Term Part-Time Employee Eligibility Requirements

The day after Thanksgiving, while many of us were fortunate enough to be reaching for leftover pie, the IRS released proposed regulations implementing the requirement that 401(k) plan sponsors permit “long-term part-time… more

401k, Benefit Plan Sponsors, Employee Benefits, IRS, Part-Time Employees

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Jonathan Weiss

Ninth Circuit Defers to Plan Design and Administrative Discretion on Bounds of Mental Health Coverage

A recent decision by the U.S. Court of Appeals for the Ninth Circuit (Wit et al. v. United Behavioral Health and Alexander et al. v. United Behavioral Health) exemplifies the challenge in balancing a desire to cover evolving… more

Appeals, Denial of Insurance Coverage, Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Insurance

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Daniel Wesson

District Court Holds Plan Cannot File Suit in Contravention of Trust Agreement

In Buckner v. Murray, No. 21-cv-567, 2024 WL 1366785 (D.D.C. Mar. 30, 2024), the court dismissed the United Mine Workers of America 1974 Pension Plan’s suit to collect $6.5 billion in withdrawal liability because the trustees… more

Article III, Commercial Bankruptcy, Dismissals, Employee Retirement Income Security Act (ERISA), Motion to Dismiss

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Frank Zarb

Option Grant Practices: A Trap for the Unwary – Spring-Loading and Bullet-Dodging

A potentially overlooked but important issue that public companies should have in mind when granting option or option-like awards is avoiding the unintentional appearance of “spring-loading” and “bullet-dodging,” both of which… more

Compensation, Corporate Governance, Disclosure Requirements, Incentive Compensation, Investigations

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